Criminal Procedure Flashcards

Police receive an anonymous tip that a young man in a plaid shirt at a bus stop is carrying a gun. Officers frisk him based solely on the tip. Under Florida v. J.L., the frisk is:

Answer: Invalid, because a bare anonymous tip without indicia of reliability does not create reasonable suspicion

J.L. holds that an anonymous tip lacking predictive detail or corroboration of illegality cannot alone justify a Terry stop and frisk, and there is no firearm exception.

A defendant is arrested without a warrant. Under County of Riverside v. McLaughlin, a judicial probable cause determination is presumptively prompt if held within:

Answer: 48 hours of arrest

McLaughlin holds that a probable cause determination within 48 hours of a warrantless arrest generally satisfies the Fourth Amendment's promptness requirement.

Officers interrogate an un-Mirandized suspect who confesses, then give Miranda warnings and have him repeat the confession as part of a deliberate two-step strategy. Under Missouri v. Seibert, the second confession is:

Answer: Inadmissible, because midstream warnings following a deliberate question-first tactic are ineffective

Seibert condemns the deliberate two-step interrogation technique, holding midstream warnings ineffective where they cannot reasonably convey the suspect's true choice.

In an Ohio criminal case, the defense demands discovery under Crim.R. 16. Which of the following is the prosecutor generally NOT required to disclose?

Answer: The prosecutor's internal legal memoranda and work product analyzing trial strategy

Crim.R. 16 mandates disclosure of defendant statements, exculpatory material, and test results, but protects the prosecutor's work product from discovery.

During jury selection, the prosecutor uses peremptory strikes to remove the only three Black venire members. The defense objects under Batson. The correct procedure is:

Answer: Defense makes a prima facie showing, the prosecutor offers a race-neutral reason, and the court decides whether purposeful discrimination occurred

Batson establishes a three-step burden-shifting framework ending with the trial court's determination of purposeful discrimination.

A defendant on trial for felonious assault wishes to waive counsel and represent himself. The trial court must:

Answer: Ensure the waiver is knowing, intelligent, and voluntary after warning of the dangers of self-representation, without requiring legal skill

Faretta guarantees the right of self-representation upon a knowing and voluntary waiver made with awareness of its risks, and technical legal knowledge is not required.

At sentencing, an Ohio judge imposes consecutive prison terms. Under R.C. 2929.14(C)(4), the judge must:

Answer: Make statutory findings that consecutive service is necessary to protect the public or punish the offender, is not disproportionate, and that a listed circumstance applies

Ohio law requires the sentencing court to make the three statutory consecutive-sentence findings at the hearing and incorporate them into the sentencing entry.